In October 2025, Steel in the Air obtained a letter sent by DISH Wireless LLC to a rooftop landlord’s attorney, claiming that its lease obligations were “excused” due to alleged unforeseeable actions by the FCC.
The letter asserts that the Federal Communications Commission’s investigation into EchoStar Corporation (DISH’s parent company) and subsequent agreements to sell spectrum licenses to AT&T and SpaceX have “frustrated the principal purpose” of the site lease and “completely destroyed its value.” DISH concludes that its obligations under the lease are therefore excused under the doctrines of force majeure or frustration of purpose.
At this time, Steel in the Air has seen only this single letter, but we have heard that others have received similar versions, including public and private tower companies. Given the professional tone and formality of the communication, coupled with other alleged DISH attempts to lessen its debt, it may signal a coordinated strategy that could expand nationwide as DISH restructures its 5G network and decommissions sites.
Please note that nothing in the following article is intended to be legal advice. If you have questions about the legal impact of the letter, please contact your local attorney.
What DISH Is Claiming
DISH argues that the FCC’s scrutiny forced EchoStar to enter into pending sales of its 3.45 GHz, 600 MHz, AWS-4, and H-Block spectrum licenses, making it impossible for DISH Wireless to continue operating its Boost Mobile network.
In reality, the spectrum sale transactions have only been signed—not yet closed—and there is no FCC order preventing DISH from performing under its leases. This distinction matters: the FCC didn’t seize spectrum or revoke licenses; EchoStar chose to sell.
In short, this letter seeks to transform a business decision into a legal excuse to walk away from contractual obligations.
Why the Letter Appears Legally Deficient
- It cites no specific lease clause allowing suspension or termination.
- It fails to provide a termination date, cure period, or proof of notice compliance.
- The FCC’s actions affect EchoStar, not DISH Wireless’s legal right to occupy property.
- Force majeure and frustration of purpose generally don’t apply to self-created economic hardship or voluntary restructuring.
For these reasons, we suspect that this letter may constitute an anticipatory breach, rather than a lawful termination. Please contact your attorney if you have questions on the legal sufficiency of the letter and its impact on your lease.
Signs of a Larger-Scale Effort?
A recent Wireless Estimator investigation lends weight to the idea that DISH/EchoStar’s tactics may extend beyond leaseholders.
According to the outlet, multiple contractors report being told to accept steep “discounts” on already-completed work or face long payment delays. One contractor described the choice bluntly:
“You either take half or wait indefinitely.”
Another said DISH “approved invoices months ago but now wants a 50 percent haircut,” characterizing the process as “retroactive renegotiation.”
This pattern—pressuring contractors to accept less than what’s owed while claiming “excused” performance in lease relationships—suggests this may be part of a coordinated cash-preservation strategy. Whether motivated by genuine liquidity concerns or corporate restructuring, the effect is the same: DISH and EchoStar are shifting the burden onto counterparties—contractors, vendors, and landlords alike.
Potential Attempt to Avoid Equipment Removal Costs
In reviewing the letter’s language, Steel in the Air believes DISH may also be laying the groundwork to avoid paying for the cost of equipment removal and site restoration.
The October 10 letter declares that all of DISH’s “obligations are excused”—a phrase that could be interpreted to include removal and restoration duties that are present in many leases. We suspect that the Open RAN hardware installed on many DISH rooftop and tower sites between 2021 and 2024 has little to no resale value and may cost tens of thousands of dollars per site to remove.
By framing all obligations as “excused,” we worry that DISH may be attempting to avoid costly removal work under the same pretext as its rent obligations. Coupled with reports that contractors are being forced to accept 50 percent payments for completed work, this points to a larger corporate effort to limit cash outflow and shift expenses onto landlords and service providers.
Landlords should explicitly preserve their right to restoration and removal costs in all correspondence with DISH and thoroughly document the current site conditions.
Recommended Steps for Landlords
If you receive a similar letter from DISH Wireless:
- Do not acknowledge termination. Continue invoicing rent if required by your lease and document any missed payments.
- Submit reimbursement requests ASAP. If your lease requires DISH to reimburse you for electricity or taxes, you should submit the requests as specified in the lease.
- Review your lease agreement requirements regarding the removal of equipment and the restoration of the site.
- Send a formal “Reservation of Rights and Demand for Clarification.” State that:
- The lease remains in effect;
- DISH’s obligations are not excused, including
- the duty to pay rent, and
- reimburse for utilities and taxes (if required by the lease)
- any duty to remove equipment and restore the site; and
- You require identification of the specific clause or FCC order they rely on.
- Document the site (photos, current condition) and retain all correspondence
- Watch for broader signs of distress —missed payments, vendor lawsuits, or internal reorganizations for DISH Wireless.
Steel in the Air’s Assessment
This “excuse” letter may be part of a broader mailout- or it may be a test case—a calculated move by DISH Wireless to gauge landlord response before attempting similar actions more broadly. Coupled with contractor payment disputes, we question whether this is indicative that DISH is pursuing leverage-based negotiations rather than legitimate legal defenses.
Until DISH formally terminates in accordance with its lease—and satisfies all payment, restoration, and notice requirements—we believe your lease remains fully enforceable.
A Personal Note
Frankly, if these isolated incidents are indicative of broader behavior, it’s hard to reconcile this conduct. EchoStar recently entered into agreements to sell spectrum assets valued at roughly $40 billion. Against that backdrop, it is difficult to understand how a company that built its network through the dedication of landowners, contractors, and vendors could now send out these misleading and legally insufficient letters to the very people who enabled its success.
How Steel in the Air Can Help
We assist property owners, municipalities, and management firms nationwide in:
- Reviewing your DISH lease for reimbursement or removal obligations;
- Coordinating with your counsel to pursue default or damages notices; and
- Monitoring EchoStar’s corporate and financial actions that could affect recovery prospects.
Please note that while I am an attorney, I am licensed only in Florida and do not provide legal advice. If you have specific legal questions about your lease agreement or a letter you have received, please contact your local counsel. Nothing in this article is intended to provide legal advice.
If DISH contacts you to attempt to renegotiate any of the DISH obligations in your lease, please contact us immediately.
